BOARD DATE:	  6 July 2010

		DOCKET NUMBER:  AR20100000050 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states his DD Form 214 does not list the Purple Heart which ultimately affects his healthcare benefits. 

3.  The applicant provides a copy of his DD Form 214, dated 4 February 1971, and a copy of a certificate, dated 23 May 1970, showing award of the Purple Heart.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show he was inducted into the Army of the United States on 30 January 1969 and he held military occupational specialty 13A (Field Artillery, Basic).  

3.  His records show he served in the Republic of Vietnam from on or about 16 August 1969 to 8 June 1970 as follows:

	a.  On 4 September 1969, he was assigned as a cannoneer with Battery B, 2nd Battalion, 12th Artillery.

	b.  On 26 May 1970, he was assigned to the 249th General Hospital in a patient status.

4.  He was honorably released from active duty in the rank of specialist four/E-4 on 4 February 1971 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his remaining Reserve obligation.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, one overseas service bar, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Vietnam Service Medal with two bronze service stars, Vietnam Campaign Medal with Device "1960," and Good Conduct Medal (1st Award).

6.  The applicant's name is shown on the Vietnam Casualty Roster with a code "24" indicating he was wounded in action.  The date of injury is listed as 21 May 1970.

7.  There are no general orders in his records that show he was awarded the Purple Heart.

8.  The applicant submitted a copy of a certificate, dated 23 May 1970, awarding him the Purple Heart for wounds received in action on 21 May 1970.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.


10.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

11.  Appendix B of Army Regulation 600-8-22 shows the applicant participated in three campaigns during his tour of duty in the Republic of Vietnam:  the Vietnam Summer - Fall 1969 (9 June 1969 to 31 October 1969), Vietnam Winter - Spring (1 November 1969 to 30 April 1970), and DA Sanctuary (1 May 1970 to 30 June 1970).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment to the 
2nd Battalion, 12th Field Artillery, this unit was awarded the Valorous Unit Award for service from 1 May 1970 to 29 June 1970, based on Department of the Army General Orders (DAGO) Number 43, dated 1972; the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 21 February 1970 to 28 February 1971, based on DAGO Number 42, dated 1972; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 31 August 1969 to 15 January 1971, based on DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the Purple Heart.

2.  The applicant's record shows he was reported in a patient status on 12 May 1970, his name is shown on the Vietnam Casualty Roster as having been wounded in action on 21 May 1970, and he submitted a copy of a certificate awarding him the Purple Heart for wounds sustained in action on 21 May 1970.  The evidence is sufficient to add the Purple Heart to his DD Form 214.

3.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three instead of two bronze service stars to be affixed to the Vietnam Service Medal.

4.  General orders awarded his unit the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his 
DD Form 214.  He is entitled to correction of his DD Form 214 to show these unit awards.


BOARD VOTE:

___x____  ____x___  _____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the Vietnam Service Medal with two bronze service stars from his DD Form 214; and 

	b.  adding to his DD Form 214 the Purple Heart, Vietnam Service Medal with three bronze service stars, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



      _______ _   x_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100000050



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ABCMR Record of Proceedings (cont)                                         AR20100000050



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